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Wednesday 12 April 2017

17-114MR Director pleads guilty to falsifying company books

Keith Richard Anderson of Wantirna, Victoria has pleaded guilty to nine counts of falsifying company books.

Mr Anderson was the sole director and shareholder of Clear Security Services Pty Ltd (In Liquidation) which operated a business of supply, installation and maintenance of video surveillance and access controls.

ASIC's investigation found that between 14 February 2014 and 30 July 2014, Mr Anderson sent nine emails to creditors who had made repeated demands to him for payments for services and goods provided to Clear Security Services Pty Ltd. Attached to Mr Anderson's emails were bank remittances that implied that his company had processed the payment of money that was owed to the creditors.

ASIC’s investigation found that the payments had not been processed and that he falsely created the bank remittances to stop the demands being made by the company’s creditors.

The ASIC investigation arose from a supplementary report that was lodged by the Liquidator of the company. They were concerned about the numerous bank remittances that were sent to the creditors of the company.

Mr Anderson was convicted and fined $25,000.00.

Mr Anderson is disqualified from acting in the management of a corporation until April 2022.

The matter was prosecuted by the Commonwealth Director of Public Prosecutions.

Background

Falsifying company books is a breach of section 1307(1) of the Corporations Act 2001. It carries a maximum penalty of 100 penalty units or imprisonment of two years, or both.